TERMS AND CONDITIONS OF SERVICE
1. Quotes & Bookings
1.1 Upon receipt of a Quote from Queensland Appliances, you may make a booking for the repair Service to be undertaken SMS, Email or over the phone. We will confirm the booking by SMS. If you have not received an SMS confirming within 24 hours of making a booking, please contact Queensland Appliances immediately to confirm the booking was received.
1.2 Quotes are valid strictly for 30 days. After the 30 days, it is the Client’s responsibility to request a new Quote to ensure fees and costs have not changed.
1.3 At Queensland Appliances’ sole discretion a deposit may be required at the time a booking is made.
1.4 You acknowledge and accept that some Items are not able to be fully diagnosed without first replacing faulty parts. If defects persist after faulty parts have been replaced, then a further quote may be provided by Queensland Appliances to continue the repairs. If Queensland Appliances has deemed an item irreparable a replacement Item may be quoted.
1.5 Notwithstanding clause 1.4, the Client will at all times remain liable for the payment of any work already undertaken by Queensland Appliances (i.e Service Fee and labour/parts from first attendance) and original quote.
1.6 Upon booking, Queensland Appliances will be provide you with a designated window in which our technician will attend the site for the delivery of the Services (the booking window). The booking window will vary depending on the technician and the area serviced. You must ensure that access is provided at all times during this booking window in accordance with clause 4.
1.7 Our quotes and invoices serve as a factual report of the works we complete on site, for this reason you must not amend or edit the descriptions on quotes and invoices provided. This may jeopardise the warranty provided herein.
1.8 If you notice a discrepancy in an invoice/quote, please raise it with our team as soon as possible as later changes are complex to adjust and not always possible.
1.9 Quotes to replace are only possible for like-for-like replacements or simple appliances. The model number of the current appliance must be supplied to determine if a quote to replace can be prepared without needing a technician to attend.
2.1 Any instructions received by Queensland Appliances from the Client for the supply of Services &/or Items and/or the Client’s acceptance of Services &/or Items supplied by Queensland Appliances will constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients will be jointly and severally liable for all payments of the Price. Queensland Appliances reserves the right to enforce payment against any one or all of the Clients at its discretion.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of Queensland Appliances.
2.4 The Client will give Queensland Appliances not less than thirty (30) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, phone number, email or business practice). The Client will be liable for any loss incurred by Queensland Appliances as a result of the Client’s failure to comply with this clause.
3. Price and Payment
3.1 At Queensland Appliances’ the Price will be Queensland Appliances’ valid and current Quote (i.e the Quote has not lapsed).
3.2 Queensland Appliances reserves the right to change the Price in the event of a variation to Queensland Appliances’ Quote. In which case, the Price will be as indicated on invoices provided by Queensland Appliances to the Client in respect of Services.
3.3 Pre-ordered parts without diagnosis are non-refundable or creditable and must be paid in advance.
3.4 Queensland Appliances may, at its discretion, require the Client to pay for parts, items, service and or labour fees in advance.
3.5 Payment will be due on or before delivery of the Services, unless otherwise agreed in writing with Queensland Appliances.
3.6 Unless payment has been made in advance, Clients are required to pay upon receipt of the goods and/or services. Time for payment for the Services is of the essence.
3.7 Agreement to pay is between Queensland Appliances and the Customer only. (eg, not between Queensland Appliances and customer’s Insurer)
3.8 Payment cannot be restricted in any way whatsoever by not allowing Queensland Appliances into property. See Clause 4.6.
4. Delivery of Services
4.1 At Queensland Appliances’ sole discretion delivery of the Services will take place when: (a) the Client takes possession of the Services &/or Items at Queensland Appliances’ address; or (b) the Client takes possession of the Services &/or Items at the Client’s nominated address (in the event that the Services &/or Items are delivered by Queensland Appliances or Queensland Appliances’ nominated carrier).
4.2 The costs of Delivery are included in the Price.
4.3 The Client will make all arrangements necessary to take delivery of the Services &/or Items whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Services &/or Items as arranged then Queensland Appliances will be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Services &/or Items to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5 The failure of Queensland Appliances to deliver will not entitle either party to treat this contract as repudiated.
4.6 Queensland Appliances will not be liable for any loss or damage whatever due to failure by Queensland Appliances to deliver the Services &/or Items (or any of them) promptly or at all.
4.7 Client must allow Queensland Appliances into property at reasonable times, with unrestricted access to the property in order to provide Delivery of Service.
4.8 If the Item that requires our Service is attached or installed to a wall or cabinet (or similar), then we recommend you uninstall or remove it from the said wall or cabinet. Queensland Appliances may, at its sole discretion, agree to uninstall or remove the Item from the wall or cabinet; however, takes no responsibility for any damages whatsoever or howsoever caused in the process.
4.9 If Queensland Appliances attends at delivery address and (a) no access is granted or (b) Queensland Appliances is unable to complete the Service for any reason outside their control (i.e. ill-described information, unexpected complications) then the call out fee/labour will be charged and payable in accordance with time spent on site (non-attendance fee).
4.10 The Customer may contact Queensland Appliances and cancel/reschedule their booking at least 8 hours in advance of the booked appointment time to avoid incurring the non-attendance fee.
5.1 If Queensland Appliances retains ownership of the Services &/or Items nonetheless, all risk for the Services &/or Items passes to the Client on delivery to Queensland Appliances.
5.2 The Client will be liable for the cost of any damaged Items if those Items are damaged at a delivery location as requested by the Client.
6.1 Queensland Appliances and the Client agree that ownership of the Services &/or Items will not pass until: (a) the Client has paid Queensland Appliances all amounts owing for the particular Services; and (b) the Client has met all other obligations due by the Client to Queensland Appliances in respect of all contracts between Queensland Appliances and the Client.
6.2 Receipt by Queensland Appliances of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Queensland Appliances’ ownership or rights in respect of the Services &/or Items will continue.
6.3 It is further agreed that: (a) until such time as ownership of the Services &/or Items will pass from Queensland Appliances to the Client Queensland Appliances may give notice in writing to the Client to return the Services &/or Items or any of them to Queensland Appliances. Upon such notice the rights of the Client to obtain ownership or any other interest in the Services &/or Items will cease. (b) if the Client fails to return the Services &/or Items to Queensland Appliances then Queensland Appliances or Queensland Appliances’ agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Services &/or Items are situated and take possession of the Services.
7. Client’s Disclaimer
7.1 The Client hereby disclaims any right to rescind, or cancel the contract with Queensland Appliances or to sue for damages or to claim restitution arising out of any misrepresentation made to the Client by Queensland Appliances and the Client acknowledges that the Services &/or Items are bought relying solely upon the Client’s skill and judgment.
8. The Commonwealth Trade Practices Act 19134 (“TPA”) and Fair Trading Acts (“FTA”)
8.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
9. Default & Consequences of Default
9.1 In the event of the Customer being in default of his obligation to pay and the overdue account is then referred to a debt collection agency, and/or law firm for collection the Customer will be liable for the full out of pocket recovery costs incurred and if the agency charges commission on a contingency basis the Customer will be liable to pay as a liquidated debt, the commission payable by the Supplier to the agency, fixed at the rate charged by the agency from time to time.
9.2 In the event where the Supplier or the Supplier’s agency refers the overdue account to a lawyer the Customer will also pay as a liquidated debt the charges reasonably made or claimed by the lawyer on a full indemnity basis.
9.3 If the Client defaults in payment of any invoice when due, the Client will indemnify Queensland Appliances from and against all costs and disbursements incurred by Queensland Appliances in pursuing the debt including legal costs on a solicitor and own client basis and Queensland Appliances’ collection agency costs.
9.4 Without prejudice to any other remedies Queensland Appliances may have, if at any time the Client is in breach of any obligation (including those relating to payment), Queensland Appliances may suspend or terminate the supply of Services &/or Items to the Client and any of its other obligations under the terms and conditions. Queensland Appliances will not be liable to the Client for any loss or damage the Client suffers because Queensland Appliances has exercised its rights under this clause.
9.5 Without prejudice to Queensland Appliances’ other remedies at law Queensland Appliances will be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Queensland Appliances will, whether or not due for payment, become immediately payable in the event that: (a) any money payable to Queensland Appliances becomes overdue, or in Queensland Appliances’ opinion the Client will be unable to meet its payments as they fall due; or (b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
10.1 The Customer must inspect the Items on delivery and must within seven (7) days of delivery notify the Seller in writing of any evident damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Item as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Queensland Appliances to inspect the defect.
11.1 Queensland Appliances may cancel any contract to which these terms and conditions apply or cancel delivery of Services &/or Items at any time before the Services &/or Items are delivered by giving written notice to the Client. On giving such notice Queensland Appliances will repay to the Client any sums paid in respect of the Price. Queensland Appliances will not be liable for any loss or damage whatever arising from such cancellation.
11.2 In the event that the Client cancels delivery of Services &/or Items the Client will be liable for any loss incurred by Queensland Appliances (including, but not limited to, any loss of profits) up to the time of cancellation. The Client must give at least 6 hours’ notice for cancellation of a job, failing which an attendance fee will be charged and payable in addition to any costs incurred by Queensland Appliances.
12.1 If any provision of these terms and conditions will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
12.2 These terms and conditions and any contract to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
12.3 Queensland Appliances will be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Queensland Appliances of these terms and conditions.
12.4 In the event of any breach of this contract by Queensland Appliances the remedies of the Client will be limited to damages which under no circumstances will exceed the Price of the Services.
12.5 The Client will not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Queensland Appliances.
12.6 Queensland Appliances may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
12.7 Queensland Appliances reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Queensland Appliances notifies the Client of such change.
12.8 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12.9 The failure by Queensland Appliances to enforce any provision of these terms and conditions will not be treated as a waiver of that provision, nor will it affect Queensland Appliances’ right to subsequently enforce that provision.
13.1 Provided always that the Client has no outstanding payments with Queensland Appliances, warrant-able items will be replaced or repaired (as determined by Queensland Appliances) if a claim is made in writing within three (3) calendar months of delivery, and only after careful assessment of the cause of a fault.
13.2 We will not reimburse for any expense you incur in applying for a remedy, including, but not limited to, any phone calls, postage, legal costs, etc.
13.3 We will not cover any damage or failures caused by, but not limited to, third-party components, electrical faults, pests, animals, weather elements, harsh environments, abuse, neglect of care, where it has been tampered with by another party (owner, another company, etc)
13.4 We will not accept liability or any claims for any damage or consequential loss incurred by any party as a result of the purchase or installation of a product supplied or installed by us, including damage to food or other personal belongings.
13.5 We will not accept liability or any claims for any damage or consequential loss incurred by any party as a result of the purchase/ installation/tampering or repair of a product supplied or installed by others.
13.6 In circumstances where Queensland Appliances is on site and the fault is not covered under our warranty herein, then Queensland Appliances may, at its sole discretion, agree to repair the fault at the Client’s cost for parts and Labour, in addition to a full call out fee. The Client agrees to pay the applicable fee and all costs incurred.
13.7 We will not be responsible for any Item or parts of an Item that break as a consequence of age, excessive or incorrect use, being of poor quality or design.
13.8 In some cases, parts which break are no longer available from Queensland Appliance suppliers and manufacturers. In this case we will attempt to locate alternative or universal parts to repair the Item, however this is not guaranteed, and the cost will be borne by the Client.
13.9 If Queensland Appliances is required by a law to accept a return of an Item, then Queensland Appliances will only accept a return on the conditions imposed by that law
14. Dispute resolution
14.1 Any dispute between Queensland Appliances and the Client will be discussed between the parties in the spirit of goodwill.
4.2 All complaints or disputes must be put in writing to: firstname.lastname@example.org and we will endeavour to address any issues promptly and fairly.
14.3 If the issue is not addressed to your satisfaction, we request that before taking any external action against our company please give us a chance to negotiate a fair and acceptable resolution.
14.4 We appreciate at times there can be disagreements, miscommunication, misunderstanding and frustrations. We will always try our best to negotiate an acceptable resolution to any issues or concerns which may arise. If we still can’t come to a fair, mutually satisfactory agreement, you should then contact the Department of Fair Trading, so they can help mediate a resolution between both parties. Web: http://www.qld.gov.au/law/fair-trading/
14.5 Queensland Appliances and the Client agree to accept the recommendations or advice of the Department of Fair Trading’s recommendation and act accordingly.
15. Negative Online Reviews
15.1 We support freedom of speech including fair, honest and reasonable online reviews based on true and accurate facts and evidence. Nevertheless, we do not condone the use of social media platforms to air untrue and unsubstantiated allegations. Consequently, we reserve the right to take action against any party for our loss and damage, including legal fees on a full indemnity basis, court cost and loss of company turnover, with respect to any untrue or unproven negative review or articles published against Queensland Appliances and/or its managers or employees.
16.1 “Queensland Appliances” means J & L Collins Pty Ltd trading as Queensland Appliances, and its successors and assigns or any person acting on behalf of and with the authority of Queensland Appliances.
16.2 “Client” or “Customer” means the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Queensland Appliances to the Client.
16.3 “Services” means all electrical services supplied by Queensland Appliances to the Client and includes any advice or recommendations.
16.4 “Price” means the price payable for the Services &/or Items as agreed between Queensland Appliances and the Client in accordance with clause 1 of this contract.
16.5 “Item” means any electrical item or applicant which has been or is to be fixed and/or serviced by Queensland Appliances at the Client’s request.
TERMS AND CONDITIONS OF SALE
The purchase of products from J & L Collins Pty Ltd trading as Queensland Appliances (“Queensland Appliances”) is subject to these Terms and Conditions of Sale (“Terms). In these Terms, “we”, “us” or “our” means Queensland Appliances and “you” and “your” means the purchaser of products from Queensland Appliances pursuant to these Terms. Review these Terms carefully as they constitute a contract between you and Queensland Appliances and apply to all products purchased by you. If you do not agree with any of these Terms, you should not make a purchase. These Terms are subject to change, in our discretion. Because the Terms may change, you should review the Terms each time you make an order. The Terms which apply at the time you place an order are the Terms that will govern that purchase.
1. Placing an order
1.1 Subject to availability, you may order as many products as you wish in one order. If, however, if you elect to place multiple, separate orders, a separate
delivery fee (where applicable) may apply to each order.
1.2 If you are placing an order for or to be delivered to a third party, you represent and warrant to us that you have obtained consent from that third party to provide us with their Personal Information (as that term is defined in the Privacy Act, 1988 (Cth)).
1.3 We may, in our discretion, accept or reject an order for any reason, at any time. If we reject an order, you will receive a full refund of any money paid.
1.4 We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided in an order.
1.5 We may agree to hold a product on your behalf upon payment of a deposit equal to 20% of the purchase price on the strict condition that the balance purchase price is paid in full within four (4) weeks of placing the order, failing which you will forfeit the deposit and have no further claims against us.
2. Availability & description of products
2.1 You must choose your products carefully. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
2.2 Product images, product specifications and product information including product brochures and user manuals may vary as these can be changed at any time by suppliers and may not be updated instantly on our website.
2.3 From time to time, products may be out of stock and we may not be able to fulfil your order. If this happens, we will contact you and refund you the price paid for any products we are unable to supply.
2.4 We may withdraw or suspend from sale any product advertised, either temporarily or permanently. If we withdraw or suspend from sale a product
after your payment has been processed, we will contact you and provide you with a full refund of any money paid.
2.5 Queensland Appliances reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. If your order is affected by such an error (which may include an error in description, price or otherwise), we will contact you, and cancel or reject, and refund the value of, that part of your order affected by the error.
2.6 Queensland Appliances has made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products, however we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.
2.7 You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a product may be sold separately.
2.8 Factory seconds and refurbished products may have cosmetic imperfections. You acknowledge and agree that factory seconds and refurbished goods are sold “as is”, subject only to the terms of
Queensland Appliances warranty and any consumer guarantees you are entitled to under the Australian Consumer Law. You warrant to Queensland Appliances that you have taken reasonable care in inspecting the product prior to making the purchase. We take no responsibility for your failure to adequately inspect a product.
3. Price and payment
3.1 When you place an order, we will charge you, and you agree to pay: (a) the purchase price for each product ordered; and (b) any applicable delivery or handling fees, in the amounts specified on the Website or advised to you by the customer service representative.
3.2 All prices, delivery and handling fees are expressed in Australian dollars, and are inclusive of any applicable GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
3.3 Prices are subject to change and you should be sure to check the latest price on our website or confirm the price with our sales team over the telephone before placing your order. If you have already placed an order, the price that applies is the price specified at the time your order was finalised (unless clause 2.5 applies).
3.4 Payment methods are specified on the Website or told to you at the time you place your order. The name on any credit card used for payment must match the name on the order.
3.5 If your payment cannot be processed, your order will be rejected, and you will be prompted to review the details provided or use an alternate payment method.
3.6 You represent and warrant that in paying or attempting to pay for products using the Website, over the telephone or in person, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.
3.7 We will provide you with a receipt upon processing payment. Your receipt, not your order confirmation is your proof of purchase. Keep it in a safe place as it is required for any warranty claims.
4. Cancelling or changing your order
4.1 Unless otherwise provided for in clause 5 or agreed to by Customer Service, no cancellations or changes to orders will be accepted. Carefully check your order details before submitting an order using the Website or, for telephone orders, make sure you reconfirm your order, payment and delivery information with the customer service representative.
4.2 If we cannot contact you about your order, using the contact details provided by you, we may, at our discretion, cancel your order within 24 hours of receipt of order and refund any money paid using the same payment method as the original payment.
5. Collection, Delivery & Installation
5.1 Products will not be dispatched for delivery until full payment, inclusive of any applicable GST, delivery and handling fees, has been received.
5.2 Delivery and handling fees (where applicable) will be advised at point of sale, prior to you completing your transaction. If you do not agree to pay the delivery fee, you should not complete your order.
5.3 You may request a date for delivery, and we will do our best to arrange delivery on that date; however, some delivery areas have set delivery days. If we cannot deliver on your preferred day, we will contact you as soon as possible.
5.4 If you are not available to take delivery upon the first delivery attempt of the item, you may be charged a delivery fee for each additional delivery attempt.
5.5 Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.
5.6 Deliveries are made using third parties. As such, we cannot commit to an exact delivery date or time. You will, however, be provided with an estimated delivery date and approximate time.
5.7 A signature on delivery may be required.
5.8 You must disclose if there are any stairs at the delivery address. A failure to make adequate disclosure could result in a delay in the delivery of your product, an additional charge and/or a waiver of our requirement to install the product (where applicable). You indemnify and release us from any loss, damage or cost incurred as a result of your failure to adequately make disclosure in this regard.
5.9 We may agree to install the product on your behalf; however, will not be required to make any modifications to the installation space other than some minor cabinetry drilling. We will not cut surfaces or resize spaces on your behalf.
5.10 If you required after installation of a new product, you agree to pay Queensland Appliances a removal fee for disposing of any your old product.
5.11 Where a licensed electrician or technician is required for the install, you agree to pay their installation fee as disclosed to you at the time of booking the installation.
5.12 If any details of the delivery vary to those described at the point of purchase of the goods then Queensland Appliances has every right to refuse delivery of goods and return the goods to our warehouse. You indemnify and release us from any loss, damage or cost incurred as a result of your failure to adequately make disclosure in this regard.
5.13 Queensland Appliances offer collection from our warehouse and you or a third party are able to collect purchased goods from our warehouse floor.
5.14 If a third party is being used to collect purchased goods they must provide photo identification and/or a copy of the original receipt of purchase before the goods can leave the store.
5.15 When you or your third party carrier are collecting purchased goods, our staff are able to assist with taking the purchased goods to your vehicle but for insurance purposes our staff are unable to assist with loading any appliances into your or your third party’s vehicle. Please ensure you make arrangements to account for this when collecting goods.
6. Title and risk
6.1 You are not entitled to take possession or control of any products until such time as Queensland Appliances has received payment in full.
6.2 Title and risk in the products pass to you on the date and at the time the products are delivered to you in accordance with clause 5. In the event a product is returned for change of mind pursuant to clause 8, title and risk in the product being returned passes to Queensland Appliances at the time the product is delivered.
7. Warranties, repairs and limitation of liabilities
7.1 Notice under Australian Consumer Law for Australian purchasers: Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. Products presented for repair may be replaced by refurbished products of the same type rather than being repaired. In addition, refurbished parts may be used to repair products presented for repair under warranty.
7.2 In addition to the rights and remedies afforded to Australian consumers under the Australian Consumer Law, Queensland Appliances provides a warranty on the products it sells.
7.3 The warranty period, terms and conditions vary by product.
7.4 The warranty period for products that are sold:
(a) scratched or damaged, is 1 year;
(b) second hand, is 3 months;
(c) new, is as per manufacturer’s warranty. 7.5 For refurbished products, Queensland Appliances offers a 6-month limited (parts and labour) repair warranty against manufacturer defects arising within the first 6 months after purchase.
7.6 The warranty granted by Queensland Appliances herein
(a) does not cover faulty workmanship performed by third parties.
(b) does not cover any loss in value of the product or other consequential damage or loss;
(c) does not cover any damage or deterioration in the general condition of the product as a result of normal aging or usage wear and tear or exposure to the elements;
(d) does not cover any damage or deterioration to any particular repair that we have made, which is as a result of normal aging or usage wear and tear or through exposure to the elements or as a result of further damage being sustained to the repaired section of the product;
(e) does not cover cosmetic defects, defects disclosed in the product description or any other defects that do not affect the operation of the product (i.e. does not cover replacement of doors or shelves);
(f) does not extend to any consequential loss, including but not limited to spoiled food or damaged clothing, floor coverings and/or furniture.
7.7 Replacement or repair of a product under warranty does not extend or restart the warranty term.
7.8 Queensland Appliances reserves the right to repair the product three (3) times before offering a refund or replacement.
7.9 For service enquiries or further warranty information, please call Customer Service, on: PHONE or EMAIL.
7.10 Queensland Appliances excludes to the fullest extent lawfully possible, all implied terms and warranties, whether statutory or otherwise, relating to
purchases made under these Terms.
7.11 Except to the extent provided for under Australian Consumer Law, we will not be liable to you for any special, indirect or consequential loss or damage (including loss of profit or opportunity or damage to good will) arising out of or in connection with the products sold under these Terms or these Terms themselves, whether in equity, common law or pursuant to statute or otherwise. Further, Queensland Appliances’ total liability arising
out of or in connection with the sale of products under these Terms, will not exceed the total price paid by you for the purchase of the product which is the subject of any claim.
7.12 You warrant to Queensland Appliances that you will use the product with reasonable care and only for its intended use. You acknowledge that a breach of this warranty by you may result in a forfeiture of the warranty granted by Queensland Appliances.
7.13 You must, when using any premises or facilities of Queensland Appliances, comply with all reasonable directions and procedures as notified by the staff and employees of Queensland Appliances (and or as notified on
applicable signage), including those relating to security and occupational health and safety which are in effect at the premises or facility. You indemnify and release Queensland Appliances for any loss or injury suffered as a result of your failure to comply with said directions or failure to adequately familiarise yourself with the occupational health and safety requirements displayed in or throughout the premises.
7.14 We take no responsibility for, and you indemnify us against, any damage
loss or injury suffered as a result of our assisting you with loading a purchased product upon your request.
8. Returns and refunds
8.1 Please choose carefully as refunds are not offered for change of mind only.
8.2 You warrant to Queensland Appliances that, prior to making payment, you
have satisfied yourself that the product is suitable for your intended use (including size and dimensions). You acknowledge that you will not be entitled to a refund in the event that you have made an error in assessing the product for your intended use.
8.3 Notwithstanding clause 8.1 & 8.2, we may, in our sole discretion, offer an
exchange for a product of equal value or a credit note.
8.4 Any refund will be paid using the same payment method as the original payment method.
9.2 Queensland Appliances reserves the right to conduct and implement fraud detection processes, including without limitation to validate your credit card or payment details.
10.2 If any provision of these Terms is invalid, illegal or unenforceable, that term or those terms are ineffective to the extent of the prohibition or unenforceability, without invalidating the remaining provisions of these Terms.
10.3 Any failure by us to exercise a right under these Terms does not constitute a waiver of any existing or future rights in relation to the provision.
10.4 These Terms are governed by the laws of Queensland, Australia. Any transaction conducted under these Terms is deemed to have taken place in Bowen Hill, Queensland.